Annex of circular C. PCT 1372

PCT RECEIVING OFFICE GUIDELINES

Restoration of the Right of Priority

166A. The receiving Office should restore the right of priority if the applicant requests restoration within two months from the expiration of the priority period and satisfies the criteria applied by the Office and the requirements under Rule 26bis.3.

166B. Restoration of the Right of Priority − Non-Acceptance by Receiving Office. Where a receiving Office has notified the International Bureau under Rule 26bis.3(j) of the incompatibility of Rule 26bis.3(a) to (i) with the national law applied by that Office, but nevertheless receives a request to restore the priority right, the receiving Office promptly requests the International Bureau as receiving Office to agree, in accordance with the procedure outlined in paragraphs 278 to 281, to the transmittal of the international application under Section 333(b) and (c). An Office may also proceed s in this manner if it only applies one of the applicable criteria and the applicant requests restoration under the criterion not applied by the Office.

166C B. Receipt of a Request for the Restoration of the Right of Priority. The applicant may request restoration of the right of priority directly on the request form (Box No. VI) or by filing a separate request within the time limit provided in Rule 26bis.3(e). The receiving Office checks if whether the request form contains a request by the applicant to restore the right of priority in Box No. VI. If the receiving Office receives a separate restoration request, the Office promptly notifies the International Bureau of it and transmits a copy of the restoration request to the International Bureau (item 6 of Form PCT/RO/118). Where the applicant submits a separate statement of reasons, a declaration or other evidence as part of the restoration request, the receiving Office promptly transmits a copy of any of these documents to the International Bureau (item 12 of Form PCT/RO/118).If such a request to restore is filed subsequently, the receiving Office promptly notifies the International Bureau of the request (item 6 of Form PCT/RO/118).

166D. Time Limit under Rule 26bis.3(e) for Requesting Restoration of the Right of Priority. The applicant is required to file the restoration request, submit a statement of reasons for the failure to file the international application within the priority period, claim priority of an earlier application in the international application and pay any fees required for requesting restoration within The time limit to request to restore the priority right and to comply with the requirements listed in paragraphs (a), (b) and (c) of paragraph 166B above is two months from the date on which the priority period expired. Where the applicant makes a request for early publication under Article 21(2)(b), any request to restore the right of priority must be submitted and the all of these requirements mentioned above must be complied with before the technical preparations for international publication have been completed (Rule 26bis.3(e)). If the receiving Office requires the applicant to provide a declaration or evidence in support of the statement of reasons for failure to timely file the international application (Rule 26bis.3(f)), it invites the applicant within a time limit which is reasonable under the circumstances, to furnish such documents. If the receiving Office intends to refuse the request to restore the right of priority (Rule 26bis.3(g)), it allows the applicant to make observations within a time limit which is reasonable under the circumstances (Form PCT/RO/158). In this notification, the receiving Office may also request that a declaration or evidence be furnished (see paragraph 166G).

166E. Checking of Formal Requirements.Upon receipt of a request to restore the right of priority, T t he receiving Office then promptly checks whether the following requirements are met: